Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Judicial review challenge to planning amendment for wind farm dismissed as changes found non-material
|
or click here to request site subscription to search and view all judgments |
The High Court dismissed an application for judicial review challenging a decision by a statutory planning body to permit amendments to a previously authorised wind farm development, specifically the relocation of two turbines and associated ancillary works. The applicants argued that the changes were material and required full public participation and further environmental assessments, including appropriate assessment and EIA procedures. The court found that the alterations were not material in the context of the overall project, that the statutory body’s procedures were lawfully followed, and that the applicants had not discharged the burden of proof to show error or material environmental impact. Allegations of objective bias, procedural impropriety, and failures in applying planning guidelines were also rejected. Claims as to the invalidity of the underlying legislation were held over for later determination.
judicial review – wind farm development – planning authority – amendment of permission – s. 146B of the Planning and Development Act 2000 – application to quash decision – environmental impact assessment (EIA) – appropriate assessment (AA) – Birds and Habitats Directives – public participation – objective bias – statutory interpretation – micro-siting guidelines – order as to costs – modularised proceedings – O. 103 RSC
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
